Law School Case Brief
Perry v. State - 155 So. 3d 390 (Fla. Dist. Ct. App. 2014)
A conspiracy exists where there is an express or implied agreement between two or more persons to commit a criminal offense and an intention to commit the offense
Perry's young daughter was repeatedly molested by a family friend, who was a known sex offender who had been convicted of molesting his own 13-year-old step-daughter. Despite this knowledge, Perry and his wife allowed the friend to sleep in their eight-year-old daughter's bed with her. At trial, Perry moved for judgment of acquittal on the charge of conspiracy to commit sexual battery, arguing that there was no evidence that he had conspired with anyone for the crime of capital sexual battery to be committed. The trial court found that there was sufficient evidence to allow this charge to go to the jury, and it denied the motion. Perry was convicted of lewd molestation, felony child neglect, and conspiracy with his wife and mother-in-law to commit capital sexual battery. Perry argued that the trial court committed reversible error in convicting him.
Is defendant’s conviction of conspiracy to commit sexual battery supported by evidence?
The court held that no direct proof was introduced between Perry and his wife or mother-in-law for the commission of a sexual battery. Further, the circumstantial evidence in the record is not sufficient to establish the existence of an agreement or intent to conspire.
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